pattern complicity instruction in Colorado

8 Colorado opinions name it 2 courts 1997–2015 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

Case	Followed	Cited
Bogdanov v. Peoplegreen colo · 1997 · cited in 5 Colorado opinions naming this issue, 1999–2015 2 sentences 2006This instruction tracks the pattern complicity instruction, CJI-Crim. 6:04 (1983), and § 18-1-603, and was approved by the supreme court in Bogdanov v. People, supra, 941 P.2d at 254, n. 10 . 2001However, the supreme court subsequently reviewed the pattern complicity instruction given in this case, and specifically disapproved a portion of this court's reasoning in People v. Close, supra. See Bogdanov v. People, supra, 941 P.2d at 251 n. 9. *936 Generally, a determination of an issue on direct appeal precludes review of that same issue under Crim.	4	5
People v. Rodriguezgreen colo · 1996 · cited in 3 Colorado opinions naming this issue, 2001–2015 2 sentences 2015In People v. Rodriguez, 914 P.2d 230, 276 (Colo. 1996), we actually found giving the pattern instruction to have been error, although harmless in that case. 2001In Bogdanov v. People, the supreme court concluded that the "all or part of" language in the pattern complicity instruction was given in error, citing People v. Rodriguez, 914 P.2d 230 (Colo.1996).	2	3
People v. Wheelergreen colo · 1989 · cited in 2 Colorado opinions naming this issue, 2015–2015 2 sentences 2015See id. at 1288 (Bender, J., joined by Kourlis, J., dissenting). 5 In Wheeler we expressly declined to comment on the adequacy of the pattern complicity instruction, as not being before us in that case. 772 P.2d at 102 . 2015In Wheeler we expressly declined to comment on the adequacy of the pattern complicity instruction, as not being before us in that case, 772 P.2d at 102 .	2	2
People v. Collinsgreen coloctapp · 2008 · cited in 1 Colorado opinions naming this issue, 2010–2010 1 sentence 2010A division of this court subsequently *48 held that omitting this explicit language does not constitute "instructional plain error." People v. Close, 22 P.3d 933, 937 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002); see also People v. Collins, 187 P.3d 1178, 1184 (Colo.App.2008) ("we conclude the district court did not err in using the pattern complicity instruction").	1	1
People v. Closegreen coloctapp · 2001 · cited in 1 Colorado opinions naming this issue, 2010–2010 1 sentence 2010A division of this court subsequently *48 held that omitting this explicit language does not constitute "instructional plain error." People v. Close, 22 P.3d 933, 937 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002); see also People v. Collins, 187 P.3d 1178, 1184 (Colo.App.2008) ("we conclude the district court did not err in using the pattern complicity instruction").	1	1
Griego v. Peoplegreen colo · 2001 · cited in 1 Colorado opinions naming this issue, 2008–2008 1 sentence 2008See Bogdanov v. People, 941 P.2d 247, 258-54 (Colo.1997), modified, 955 P.2d 997 (Colo.1997), disapproved of on other grounds by Griego v. People, 19 P.3d 1 (Colo. *1185 2001); People v. Close, 22 P.3d 983, 987 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002).	1	1
Bogdanov v. Peoplegreen colo · 1997 · cited in 1 Colorado opinions naming this issue, 2008–2008 1 sentence 2008See Bogdanov v. People, 941 P.2d 247, 258-54 (Colo.1997), modified, 955 P.2d 997 (Colo.1997), disapproved of on other grounds by Griego v. People, 19 P.3d 1 (Colo. *1185 2001); People v. Close, 22 P.3d 983, 987 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002).	1	1
Sullivan v. Louisianagreen scotus · 1993 · cited in 1 Colorado opinions naming this issue, 1997–1997 2 sentences 1997There are two categories of constitutional violations that may occur during the course of a criminal proceeding: “trial errors” and “structural errors.” See Sullivan v. Louisiana, 508 U.S. 275, 281 , 113 S.Ct. 2078, 2082-83 , 124 L.Ed.2d 182 (1993); see also 508 U.S. at 282 , 113 S.Ct. at 2083 (Rehnquist, C.J., concurring); Arizona v. Fulminante, 499 U.S. 279, 307-09 , 111 S.Ct. 1246, 1263-65 , 113 L.Ed.2d 302 (1991). 1997There are two categories of constitutional violations that may occur during the course of a criminal proceeding: “trial errors” and “structural errors.” See Sullivan v. Louisiana, 508 U.S. 275, 281 , 113 S.Ct. 2078, 2082-83 , 124 L.Ed.2d 182 (1993); see also 508 U.S. at 282 , 113 S.Ct. at 2083 (Rehnquist, C.J., concurring); Arizona v. Fulminante, 499 U.S. 279, 307-09 , 111 S.Ct. 1246, 1263-65 , 113 L.Ed.2d 302 (1991).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
Close v. People red colo · 2002 2 sentences 2010A division of this court subsequently 48 held that omitting this explicit language does not constitute "instructional plain error." People v. Close, 22 P.3d 933, 937 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002); see also People v. Collins, 187 P.3d 1178, 1184 (Colo.App.2008) ("we conclude the district court did not err in using the pattern complicity instruction"). 2008See Bogdanov v. People, 941 P.2d 247, 258-54 (Colo.1997), modified, 955 P.2d 997 (Colo.1997), disapproved of on other grounds by Griego v. People, 19 P.3d 1 (Colo. 1185 2001); People v. Close, 22 P.3d 983, 987 (Colo.App.2000), aff'd, 48 P.3d 528 (Colo.2002).	2	2008–2010
People v. Close green coloctapp · 1993 1 sentence 2001However, the supreme court subsequently reviewed the pattern complicity instruction given in this case, and specifically disapproved a portion of this court's reasoning in People v. Close, supra. See Bogdanov v. People, supra, 941 P.2d at 251 n. 9. *936 Generally, a determination of an issue on direct appeal precludes review of that same issue under Crim.	1	2001–2001
Arizona v. Fulminante green scotus · 1991 2 sentences 1997There are two categories of constitutional violations that may occur during the course of a criminal proceeding: “trial errors” and “structural errors.” See Sullivan v. Louisiana, 508 U.S. 275, 281 , 113 S.Ct. 2078, 2082-83 , 124 L.Ed.2d 182 (1993); see also 508 U.S. at 282 , 113 S.Ct. at 2083 (Rehnquist, C.J., concurring); Arizona v. Fulminante, 499 U.S. 279, 307-09 , 111 S.Ct. 1246, 1263-65 , 113 L.Ed.2d 302 (1991). 1997There are two categories of constitutional violations that may occur during the course of a criminal proceeding: “trial errors” and “structural errors.” See Sullivan v. Louisiana, 508 U.S. 275, 281 , 113 S.Ct. 2078, 2082-83 , 124 L.Ed.2d 182 (1993); see also 508 U.S. at 282 , 113 S.Ct. at 2083 (Rehnquist, C.J., concurring); Arizona v. Fulminante, 499 U.S. 279, 307-09 , 111 S.Ct. 1246, 1263-65 , 113 L.Ed.2d 302 (1991).	1	1997–1997

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 18-1-603 (6) CO § Colo. Rev. Stat. § 18-1-501 (3) CO § Colo. Rev. Stat. § 18-2-101 (3) CO § Colo. Rev. Stat. § 18-3-102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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